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HIGH COURT OF UTTARAKHAND AT NAINITAL
ALOK MAHRA
Munnu Giri – Appellant
Versus
State Of Uttarakhand – Respondent
JUDGMENT :
Alok Mahra, J.
The present applications under Section 482 Cr.P.C., being C-482 No. 861 of 2024 and C-482 No. 1099 of 2024, have been filed seeking quashing of the order dated 21.11.2023 passed by the learned 1st Additional Civil Judge/Judicial Magistrate, Dehradun in Complaint Case No. 7292 of 2023 and Complaint Case No. 7291 of 2023, respectively, under Section 138 of the Negotiable Instruments Act, 1881. Further, C-482 No. 920 of 2024 and C-482 No. 930 of 2024 have been filed seeking quashing of the orders dated 25.11.2023 and 29.11.2023, respectively, passed by the learned 1st Additional Civil Judge/Judicial Magistrate, Dehradun in Complaint Case No. 7355 of 2023 and Complaint Case No. 7409 of 2023, under of the Negotiable Instruments Act, 1881, along with the entire criminal proceedings of the aforesaid cases.
2. Since a common question of law and fact is involved in all the four applications, relating to dishonour of cheques arising out of the same transaction between the same parties, the matters are being decided together by this common judgment. However, for the sake of brevity, the facts of C-482 No. 861 of 2024 are being taken into consideration.
3. Briefly stated
Magistrate must mandatorily conduct inquiry under Section 202 Cr.P.C. before issuing summons if accused resides outside its jurisdiction, even in cheque dishonour cases; non-compliance vitiates proce....
Independent causes of action for dishonoured cheques can lead to multiple complaints under Sec. 138 of the Negotiable Instruments Act, and the necessity of an inquiry under Sec. 202 is contingent upo....
(1) Dishonour of cheque – When a mandatory condition precedent to issuance of process has not been fulfilled, continuation of criminal proceedings would amount to permitting prosecution founded upon ....
The court established that the issuance of a cheque, even if post-dated or issued as security, can constitute a legally enforceable debt under Sec. 138 of the N.I. Act, and that the inquiry under Sec....
Compliance under Sec. 202 of the Code of Criminal Procedure, when the accused is residing beyond the jurisdiction of the Magistrate, is mandatory.
Since in interpretation of statutes Court always presumes that legislature inserted every part thereof for a purpose and legislative intention is that very part should have effect above conclusion ca....
Magistrate must conduct enquiry or investigation under proviso to Section 202 Cr.P.C. before summoning accused outside territorial jurisdiction in Section 138 N.I. Act complaints; non-compliance rend....
Dishonour of a cheque under Section 138 is actionable regardless of claims of stop payment or misplaced cheque, with legal presumptions favoring existence of debt or liability.
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